Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: The contract between def and pl states: "Either side may inform the other of his desire to stop the working relationship whenever he wants based on the Law of Warning about Firings (2001)." Halachically, agreements on monetary matters are binding (Shulchan Aruch, CM 225:5), and therefore def had the right to fire pl. Pl’s claim that the firing was done against the law was not substantiated. It was not based on improper discrimination, regarding which the law lists such things as race, orientation, gender, etc. Regarding the law that there must be a pre-firing hearing, such a meeting took place. Although the reason for the firing was not raised, as regulations require, this is irrelevant formalism considering that all the parties knew precisely what the reason for the firing was.
According to the contract, pl was hired as a level 3 director, which is a beginner position, and not the level that pl claims he was promised. There was some sort of understanding that pl was being groomed for more, but that does not create a promise, and even if he was promised, since he could be fired from his job, there was no security toward the future. Therefore, there is no additional payment on those grounds.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
624 - Can They Change Agreements in the Middle?
625 - Compensation for Questionable Firing
626 - Damages One’s Workers Might Have Caused
Load More
Pl does not have grounds for financial claims against def concerning his hiring a lawyer to fight his firing, which is a step he did not have to take. This is even more so considering we concluded that the firing was legal.
Despite all of the above, beit din agrees that for whatever reason, pl was treated unfairly and was harmed without fault by steps taken against him from within msv, of which def is a part. Before coming to beit din, def had offered pl 36,000 NIS compensation, which pl had rejected. Beit din appealed to def to increase that offer. Def agreed to pay 50,000 NIS, and that agreement was adopted as the ruling.
Beit Din Eretz Hemda - Gazit
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P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
